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Competition Law

By Nicola Somers, Solicitor.

Competition Law is a rapidly developing area of law, on a national and international scale and exists to protect the consumer, businesses and companies and to promote competition.   Breach of this law can affect everyone’s daily lives from the price they pay for a packet of sugar to the welfare of their business or company.

We can ensure that if you are on the receiving end of anti-competitive behaviour, you get all the advice necessary to end that behaviour.  

If your company is being taken over, or merging with another, your success may put you in a vulnerable position.   If you are deemed to be dominant, you must ensure that you abide by tighter rules, than if you are not dominant in the market.   We can help you gather the information to allow us advise on this issue.

Some indications of anti –competitive behaviours are:

  • Tying in clauses
  • Refusal to Supply
  • Dominance and Price fixing

Some of these factors can occur, and may not be anti competitive for a number of complex reasons.   However this is not an exhaustive list of factors, there are many others which would not be as apparent but may also be a breach of competition law.

If you think you might have a claim for anti competitive behaviour or if you are worried about your own practices breaching competition law, call us now for a full, clear, professional opinion. 

Competition Law exists to protect the consumer, businesses and companies.    All of whom must abide by Competition Law in order for the benefits to be gained by them.   Competition Law is governed by The Competition Act 2002 in Ireland, which is based on EU Competition Law.  

Section 4 of our act make it illegal for companies who have a majority share regarding a certain product, or a geographical area to abuse that position.   An abuse may occur in many ways.   A business or company may have the lion’s share of the market and be “dominant”.   This is not illegal.  However, it is illegal to abuse that position.  

Section 5 of our act makes it illegal for a business or company, or group of businesses or companies to agree together to do anything that will prevent the market they are involved in from being competitive.   Competition keeps costs low and therefore benefits everyone. 

Price fixing, tying in, refusal to supply, applying different conditions to different companies.

If a company mergers with another company, competition law is something that must be considered by those companies and the acquisition of one by another, or the merging of the two companies may make the newly formed company “dominant” and therefore, the new company must be mindful not to abuse that position.   There are strict procedures for mergers and acquisitions, and these must be followed. 

Breach of Competition Law may result in Criminal or Civil cases being brought against the offending party.   However it is important to realise that if you have not been affected by the breach of competition Law, you have no standing i.e you cannot bring a case.  

If you think you may have been, or are being affected by Competition Law contact us for more legal advice.  

Nicola Somers

nicola.somers@bporco.ie

Phone (01) 4525211

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B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

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